Bracken v. Toland
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas Bracken, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 6th day of July, 1912, directing the plaintiff to serve a bill of particulars of his damages.
1Opinion of the Court
Laughlin, J;:
The order was granted before the defendants pleaded, and upon the theory that they need the particulars to enable them to answer. The legislative authority for bills of particulars is general, without limitation with respect to the time when they may be required.. (Code Civ. Proc. § 531.) The courts may, therefore, on the application of the adverse party, order a bill of particulars before requiring him to plead; but since ordinarily a party will not be prejudiced by pleading first, and it may thereby appear that he admits the material facts alleged and does not need further…
2Cases cited3 opinions
- Andrews v. ClevelandNew York Supreme Court · 1830
- Nash v. SpannAppellate Division of the Supreme Court of the State of New York · 1897
- Schultz v. RubsamAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- Bohemian Brethren Presbyterian Church v. Greek Archdiocesan Cathedral of the Holy TrinityNew York Supreme Court · 1978
- Gordon v. WilliamsNew York Supreme Court · 1917
- Trubenizing Process Corp. v. JacobsonDistrict Court, S.D. New York · 1935